Srichandana M vs Joint Registrar Of Co-Operative ...
2022 Latest Caselaw 6843 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 2561 OF 2020
PETITIONER:

          SRICHANDANA M., HARISREE, MITHRANIKETHAN P.O.,
          VELLANADU, THIRUVANANTHAPURAM

          BY ADV D.SOMASUNDARAM



RESPONDENTS:

    1     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
          THIRUVANANTHAPURAM-695 001

    2     PAPPANAMCODE HOUSING CO-OPERATIVE SOCIETY
          LTD.NO.T.748,
          PAPPANAMCODE, THIRUVANANTHAPURAM,PIN-695 018,
          REPRESENTED BY ITS SECRETARY

          BY ADV SRI.P.N.MOHANAN, SC.
          SMT. RESMI THOMAS-GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2561 OF 2020
                                 2


                            JUDGMENT

The petitioner was the Secretary of the second

respondent - Society. She says that she left the services of

the second respondent - Society to join another, but that her

lawful monetary benefits have not yet been disbursed to her.

She, therefore, prays that this Court direct the Society to

disburse the amount within a time frame to be fixed by this

Court.

2. Sri.D.Somasundaram, learned counsel for the

petitioner, explains that, even though there are no liabilities

or objections raised or impelled against the petitioner at any

point of time, the Society has been unfairly withholding her

benefits, which forced her to approach them through Ext.P4

representation but that this also has not been considered by

them until now. The learned counsel, therefore, reiteratingly

prayed that the reliefs sought for in this writ petition be

granted.

3. Sri.C.P.Sabari, learned standing counsel for the

second respondent - Society, conceded that he does not have

instructions as to why the benefits to the petitioner have not

been disbursed yet, but added that this could be because WP(C) NO. 2561 OF 2020

there are liabilities fixed against her. He then submitted that

if this Court is so inclined, the Society is willing to consider

Ext.P4 and take an apposite decision thereon without any

further delay.

4. When I consider the afore submissions, it is

indubitable that if there are no liabilities fixed against the

petitioner as per law, no recovery is possible from her.

However, this is a question of fact, which will require an

assessment of the relevant documents and materials, for

which purpose, I am of the view that the Society must

consider Ext.P4, after hearing the petitioner and issue to her

an appropriate proceeding without any further delay.

5. Resultantly, I allow this writ petition and direct the

competent Authority of the second respondent to take up

Ext.P4 and dispose of the same within a period of one month

from the date of receipt of a copy of this judgment and to

disburse the eligible amounts due to her thereafter within a

period of one month from then.

To enable an expeditious compliance of the afore

directions, I direct the petitioner to mark appearance before

the competent Authority of the second respondent at 11 A.M.

on 20.06.2022; on which day, she shall be heard or another WP(C) NO. 2561 OF 2020

convenient date fixed for such purpose and the exercise as

above shall be completed within the afore time frame.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 2561 OF 2020

APPENDIX OF WP(C) 2561/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER NO.CRB(1) 5248-

2017 DATED 26.5.2018

EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 26.10.2019 IN WPC 28888/2017 OF THIS HON'BLE COURT

EXHIBIT P3 TRUE COPY OF ORDER NO.CRB(1) 8577/18 DATED 5.8.2019

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 19.12.2019 TO THE 2ND RESPONDENT SUBMITTED BY THE PETITIONER